Mantun Rai @ Mantun Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 37729 of 2018 Arising Out of PS. Case No.-125 Year-2017 Thana- Bachwara District- Begusarai ====================================================== Mantun Rai @ Mantun Kumar Rai, Son of Shiv Shankar Rai, resident of Village- Chamtha, Chirayatok, P.S. Bachhwara, District- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

03-07-2018 Heard Sri Sandeep Kumar Gautam, learned counsel for the petitioner and Sri Madan Kumar, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Bachwara P.S. Case No. 125 of 2017 registered for offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016, has prayed for grant of anticipatory bail, primarily; on the ground of parity.

It has been argued that in the case, at least five accused persons in similar circumstances have been extended the privilege of anticipatory bail. Learned counsel for the petitioner further submits that from the joint house of the petitioner, recovery of about 7.8 litres of Indian make foreign liquor was shown and petitioner's father & petitioner both were made accused. It has been argued that in the same transaction, raid was conducted in different houses and from the house of

Patna High Court Cr.Misc. No.37729 of 2018(2) dt.03-07-2018 2/2 other three accused also, recovery was effected, however; other three accused namely Brahmdeo Rai, Shamsher Rai and Wakil Rai were granted anticipatory bail on 11-05-2018, vide Cr. Misc. No. 28700 of 2018.

Learned Addl. Public Prosecutor, though has opposed the prayer for grant of anticipatory bail, has not disputed the fact that other accused in similar circumstances have been extended the privilege of anticipatory bail. Accordingly, there is no reason to pass a different order in the present case.

In the event of his arrest or surrender within a period of six weeks from today, let the petitioner namely Mantun Rai @ Mantun Kumar Rai be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Begusarai in connection with Bachhwara P.S. Case No. 125 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T